On The Environmental Damage Responsibility In The Third-party Treatment Mode For Urban Sewage

On November 12,2013,the Third Plenary Session of the 18 th Central Committee of the Communist Party of China adopted the "Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning Comprehensively Deepening Reform".In this programmatic document of comprehensively deepening reform under this new situation For the first time,the guidelines for “promoting third-party governance of environmental pollution” were put forward.This is a theoretical and institutional innovation,the essence of which is the leap of China's environmental pollution control system from a regulatory model to an interactive model.Social capital has introduced a market-oriented mechanism for ecological environmental protection,and the government,polluters,and third-party governance institutions have formed a new interactive form.The water pollution control is the earliest in the field of environmental pollution control in China.China's urban sewage treatment has experienced various modes of government implementation,BOT franchise mode,PPP public-private cooperation,etc.It can be said that China's environmental pollution is the first.The establishment of a tripartite governance system has played a role as a pathfinder.The Environmental Protection Law,which was newly revised in 2014,stipulates“environmental damages” as a basic principle.This is an open way of responsibility,the main body of responsibility,the way of undertaking can be diverse,and the implementation of “environmental damage responsibility” is more complicated under the environmental pollution third-party governance system.The unclear definition of environmental damage liability is a major obstacle affecting the development of third-party governance system for environmental pollution.The definition of each responsible subject,the distribution of damage liability and the way of accountability need to be based on legal theory and system.This paper focuses on the urban sewage treatment field,in-depth analysis of the legal relationship between the government,polluters,sewage treatment plants and other entities under the third-party governancesystem,the responsible body of environmental damage,and the responsibility of each subject ? Under the new model,the legal issues of pollution control subjects,environmental damage liability,and governance supervision are discussed and resolved.